LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              April 3, 2001
  
  
          TO:  Honorable Kenneth Armbrister, Chair, Senate Committee on
               Criminal Justice
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB536  by Ellis, Rodney (Relating to compensation for
               wrongful imprisonment.), As Introduced
  
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*  No significant fiscal implication to the State is anticipated.        *
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Senate Bill 536 would amend the Civil Practice and Remedies Code to
expand, in a claim for wrongful imprisonment, the list of allowable items
payable as damages. If a claimant were found to be entitled to
compensation, the claimant would receive: expenses incurred by the
claimant in connection with all criminal proceedings and appeals,
including any fine or court costs paid and reasonable attorney's fees;
lost wages; medical and counseling expenses; and $25,000 for each full
year of wrongful imprisonment, prorated for a partial year of
imprisonment. Deductions could not be made for any expenses incurred by
the state, or those acting on behalf of the state, associated with the
wrongful conviction.

The bill would remove the limit on damages (currently $50,000) and the
provision allowing compensation for physical and mental and suffering.
The bill would extend the statute of limitations for claiming
compensation from two to three years.

The Office of the Attorney General (OAG) estimates that any additional
legal work resulting from the passage of the bill could be reasonably
absorbed within current resources. According to the OAG, there was one
wrongful imprisonment lawsuit funded in the 76th Legislative Session.
The OAG reports there are currently three and possibly four lawsuits
awaiting funding by the 77th Legislature. The OAG anticipates a similar
number of lawsuits each session.
  
Local Government Impact
  
No fiscal implication to units of local government is anticipated.
  
  
Source Agencies:   304   Comptroller of Public Accounts, 302   Office of
                   the Attorney General
LBB Staff:         JK, JC